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    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
    • Hi, From everything I've read about how EVRi handle mediation, and given I intend not to budge on my position, I am preparing for court. Having read the the full WS and court bundl @occysrazor kindly supplied, I am wondering what value adding the Jamie Bradbury v UPS Limited has?  Obviously this case was lost by the claimant and the ruling clearly goes against the Farooq case and more recently @occysrazor's.  Is the case to include it simply to showcase my argument as being well rounded? Interested in your opinions. Many thanks, Sam 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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nearly sb have noticed £5 payment


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hi am new to site and could do with advice.

 

have several debts but are all due to drop of by october latest, have noticed on my credit file that on one of my debts its showing a payment of £5 made in 02/11.

this is with activ kapital. i have not acknowleged or communicated with these people, what i want to know is this some underhand trick to get sb clock ticking again

 

thanks and would appreciate help from you guys

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You hit the nail on the head.

 

Once you are sure its past its SB date, you can sort out the payment they made - as its their responsibility to show it was you.

 

Have you had any very reduced offers for settlement at all?

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Please disreagard the post above!!

You must place a notice of dispute

on the credit file and check theb3 CRAs

Equifax, Experian,and Call Credit to see

if the same data is held.

You then must make a formal complaint

to the Data Controller at AK with reference to

this entry.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Please disreagard the post above!!

You must place a notice of dispute

on the credit file and check theb3 CRAs

Equifax, Experian,and Call Credit to see

if the same data is held.

You then must make a formal complaint

to the Data Controller at AK with reference to

this entry.

 

 

And would making waves in a position where a potentially dubious payment may have already been made not just leave an open goal to start the ball rolling with 15 weeks to go?

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Taking the action you suggest would be making an admission of liability!!!!!!!!!!

Care is needed in seeking to use SB as a defence!

 

One must be aware that ''making waves'' is potentily playnig

in to the hands of the creditor/DCA.

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So little/no action - which the OP presumably has been doing close to for 69 months - can suddenly be taken as an admission of liability?

 

Can you explain it a bit more to me please?

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It is simple DCAs looking to collect potentially SB debt are going to encourage contact that any debtor

not experienced may be persuaded to make a staement that maybe construde as an adnission of liability.

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The allged payment must be proved irrefutably!!

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hi am new to site and could do with advice.

 

have several debts but are all due to drop of by october latest, have noticed on my credit file that on one of my debts its showing a payment of £5 made in 02/11.

this is with activ kapital. i have not acknowleged or communicated with these people, what i want to know is this some underhand trick to get sb clock ticking again

 

thanks and would appreciate help from you guys

 

Are you in Scotland or England/Wales?

 

SB is 5 years in Scotland with cancellation of the debt as if it never existed (with the exception of remaining on your record for another year) and in England/Wales its 6 years, but the debt remains there although can no longer be pursued in court.

 

Was there any charges or PPI on it at any stage?

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What are the time limits to question it?

None, the OP is in the West Midlands fyi.

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I offered advice for both mainland jurisdictions, as I cannot see his IP.

 

It might be an idea to swap the location for the jurisdiction, given there is now an SB date, payment, and rough location to narrow identification.

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I offered advice for both mainland jurisdictions, as I cannot see his IP.

 

It might be an idea to swap the location for the jurisdiction, given there is now an SB date, payment, and rough location to narrow identification.

 

hi thanks to all the advice given, have checked experian it says monthly payment 12/10 £0 02/11 £5 default date 05/09/06.

 

now havent received letters for this debt for ages.

Do i wait till sb'd and then see if drops of file or start making a fuss now.

i have checked noddle and it says £5 payment made but not date.

Equifax i have given up trying to register as i have ended up calling a call centre and not getting nowhere.

 

the debt is for £3307 with activ Kapital but default balance is £2423

 

i hope this info makes things clearer

 

Thanks in advance

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You need to get irrefutable proof of the payment!

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thanks for prompt reply brigadier am big fan of yours and others who do so much great work.

 

pls advise best way of getting irrefutable proof and without it affecting the closeness of my sb status

 

thanks in advance

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thanks for reply

 

what is best way to get such proof without it affecting the status of my sb .

looking at this debt now i think it relates to an overdraft on a crurent account that was a joint hsbc account with my late wife.

now would i be technically be liable for full amount or half as it was a joint account

 

thanks in advance

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Ok.

Letter to the compliance manager,

 

Dear Curr or Madman (joke)!!

Ref:xxxxxxxx

I refer to your correspondence regarding the alleged debt for £xxxxx you claim is

owed by me.

 

You claim that a payment was made to the account on XXXXXXX in the amount of £5.00,

so far you have failed to prove that any such payment was made by me, therefore you

must provide irrefutable proof that any alleged payment was made by ME exact details

of the method of payment, the details in full of any alleged card payment, the card issuers

name, the name on the card,the 16 digit card number, the 3 digit security code, and the

expiry date of the card, all this data would have been gathered at the time any alleged

payment was made.

 

You will also provide the data regarding any cheque payment, bank transfer or

postal order payment.

 

Failing to provide this information regarding any alleged payment will lead to my

making complaints to the regulatory authorities regardindg a susupicious alleged

payment.

 

I will allow 7 working days for your explicit compliance with these instructions.

 

Furthermore I do not acknowledge any debt to you or any associated company.

 

Recorded delivery to the COmpliance Manager.

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thanks for reply

 

what is best way to get such proof without it affecting the status of my sb .

looking at this debt now i think it relates to an overdraft on a crurent account that was a joint hsbc account with my late wife.

now would i be technically be liable for full amount or half as it was a joint account

 

 

also have noticed that on noddle aktiv default balance is £3177 on experian £3307 whys that ?

 

thanks in advance

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Noddle data cannot always be relied on in my opinion!!

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Yes Aktiv now own the debt the letter goes to them!

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also brigadier

i have received no letter or have any reference no/account no so how do i proceed

 

thanks in advance

 

Use the refences on the letter claiming the payment has been made.

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brigadier i think our wires are crossed.

 

I HAVE NOT received any letter from aktiv kapital but as i was checking my cra files i noticed the phantom £5 payment.

 

my dilemma, do i ignore and see if drops off file or do i kick up fuss now.

i know there are alot of charges on here but i dont want to write to them if it is going to start a barrage of letters.

 

i have been receiving letters from the other dca's and have ignored as they are within weeks of being sb'd. they have been offering big discounts but am assuming they are hoping to get a sniff before sb'd

 

thanks in advance

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